Feminist News

Federal Judge Strikes Down Texas Gay Marriage Ban

US District Judge Orlando Garcia ruled that the state's ban on gay marriage deprived same-sex couples of due process and equal protection by stigmatizing their relationships and treating them differently than their opposite-sex counterparts. "Tradition, alone, cannot form a rational basis for a law," he wrote. In his decision, Garcia addressed common tropes against marriage equality, finding that "limiting marriage to opposite-sex couples fails the welfare of children" and that "procreation is not and has never been a qualification for marriage."

"Today's court decisions is not made in defiance of the great people of Texas or the Texas legislature, but in compliance with US Constitution and Supreme Court precedent," Garcia wrote in his decision [PDF], citing the Supreme Court's ruling that the Defense of Marriage Act was found unconstitutional last June and the growing marriage equality movement across the nation.

Garcia issued a stay on his preliminary injunction against a 2003 law and a 2005 constitutional amendment, meaning no marriages can take place following the ruling. Texas Attorney General Greg Abbot - who is running for governor - has said the state will appeal. Texas Democrats, however, celebrated the decision.